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Home My WebLink About12459 ORD - 01/29/1975L OFFICE of the CITY ATTORNEY January 29, 1975 LEGAL OBJECTION TO AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE NUECES COUNTY WELFARE DIVISION FOR FURNISHING CERTAIN SERVICES TO QUALIFIED INDIVIDUALS IN ACCORDANCE WITH GUIDELINES HEREIN ESTABLISHED; APPROPRIATING AND REAPPROPRIATING $30,610 FROM THE GENERAL FUND RESERVE; AND AMENDING THE BUDGET. For the reasons hereinafter stated, legal objection is hereby filed, through the City Secretary, with the City Council to the captioned ordinance, pursuant to City Charter, Article IV, Section 25(x), and prior to action upon said ordinance by the City Council: The proposed ordinance authorizes the City Manager to enter into an agreement with the Nueces County Welfare Division for ultimately the pay- ment of utility bills for utility customers who need welfare assistance. The City will transfer $30,610 to the County Welfare Division and that Division will in turn use the funds for payments of welfare clients' utility bills. The Welfare Division, upon ascertaining the correct utility charge, will execute a voucher payable to either the City Public Utilities Department or Central Power & Light for assistance on behalf of the welfare client in paying his utility bill. It is the opinion of the City Attorney's office that to enter the agreement and authorize the payment of utility bills as contemplated in the captioned ordinance amounts to a grant of City money for the benefit of private individuals. While I an aware of the provisions of Article IX, Section 10 of the City Charter, which matte provision for "the establishment of Poor Farms ", it is my opinion that the program established by the captioned ordi- nance is in violation of Article 3, Section 52, Texas Constitution, which prohibits a grant of City money for the benefit of any individual. Therefore, the captioned ordinance is returned with these written objections without signature in accordance with Article IV, Section 25. FGeor HG:vp cc: R. Mervin Townsend Senior Assistant City Attorney Bob Schneider Ernest Briones HG:vp:1/29/75:24 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE NUECES COUNTY WELFARE DIVISION FOR FURNISHING CERTAIN SERVICES TO QUALIFIED INDIVIDUALS IN ACCORDANCE WITH GUIDELINES HEREIN ESTABLISHED; APPROPRIATING AND REAPPROPRIATING $30,610 FROM THE GENERAL FUND RESERVE; AMENDING THE BUDGET; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he hereby is authorized and directed to execute an agreement with Nueces County to provide for the furnish- ing of certain services. Said agreement to delineate that the monies appro- priated herein shall provide a special budgetary allowance for purchase order maximums for utilities code under the Nueces County Welfare Division rules and regulations. Said agreement shall provide a utilities allowance for single or couple of no more than $40.00 and an allowance for family (parent with children) of no more than $50.00. The agreement would further provide that the criteria for eligibility for utilities only would be: the fuel adjustment only will be paid for fixed income single person or couple household; supplement security income; aid to families with dependent children and families with income no greater than specified levels. Unemployed singles or heads of house- holds that have no source of income (for over 30 days) that are registered with the Texas Employment Commission and pursuing employment will be eligible for utilities paid, one time only, (not to exceed the scale used by the Nueces County Welfare Division). Recipients that are qualified as financial cases with the Welfare Division with no resource for income and utility bills that exceed the maximum; the difference will be paid from this contribution. Pro- vided additionally that the special budgetary allowance shall apply only to residents in the corporate limits of the City of Corpus Christi, Texas. SECTION 2. That there is hereby appropriated and reappropriated the sum of $30,610 from Fund No. 4299 - General Fund Reserve, Project No. 490, said appropriation to finance the aforesaid agreement with the Nueces County Welfare Division. /.2 ��7 SECTION 3. Amendment of the City Budget to accomplish the purposes of this ordinance is necessitated for emergency expenditure in grave public necessity to meet unusual and unforeseen conditions, which could not, by reasonable diligent thought and attention of the Government of the City of Corpus Christi, have been included in the current, original Budget of the City. SECTION 4. The necessity to authorize this agreement creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of January, 1975. ATTEST: CiWSecretaxy R _'7.0 CITY OF CORPUS CHR , TEXAS APPROVED: DAY OF JANUARY, 1975: City Attorney HG:e:2 /5/75 CONTRACT THE STATE OF TEXAS COUNTY OF NUECES 0, S /z (L' i WHEREAS, it is generally recognized that the United States of America is currently undergoing an energy crisis, which crisis is further complicated by rising inflation; and WHEREAS, these economic factors are reflected in increasing utility bills to the ultimate consumer; and WHEREAS, specifically in the City of Corpus Christi the addition of the fuel adjustment clause reflecting rising cost of natural gas has led to dramatically increased utility bills for the citizens of the City of Corpus Christi; and WHEREAS, the City collects a one percent (1 %) sales tax on the sales of natural gas and such tax includes a tax on the increased revenue to the utility system brought about by the aforesaid fuel adjustment clauses; and WHEREAS, the City desires to expend this increased revenue in a way that is beneficial to the public health, safety and welfare; and WHEREAS, the City Council, by Ordinance No. 12459, passed and approved on January 29, 1975, authorized the City Manager to enter into an agreement with the Nueces County Welfare Division for furnishing certain services to qualified citizens of the City of Corpus Christi; and WHEREAS, the City Council, by the aforesaid Ordinance No. 12459, found that the entering of this contract would help alleviate some of the aforesaid economic problems facing citizens of the City of Corpus Christi. NOW, THEREFORE, for and in consideration of the payments, agree- ments and covenants herein, do the City of Corpus Christi, a municipal corporation, body politic and home rule city under the laws of the State of Texas, hereinafter called "City ", and the Nueces County Welfare Division, hereinafter called "Contractor ", covenant, agree and contract as follows: 1. Contractor agrees to establish, direct and conduct a program to furnish services to assist in alleviating the aforesaid energy - inflation crisis induced economic problems. Contractor agrees that said program will be established in accordance with the intention of the City Council as expressed in the aforesaid Ordinance No. 12459 and in accordance with the guidelines provided therein. A copy of said Ordinance No. 12459 is attached hereto as Exhibit "A ", and incorporated herein by reference the same as if written herein. 2. For and in consideration of the provision of the above services to the citizens of the City of Corpus Christi, in furtherance of their general health, safety and welfare City agrees to pay for said services the sum of Thirty Thousand Six Hundred Ten Dollars ($30,610). 3. Contractor agrees to furnish to the City copies of its regular reports of services by transmitting a copy of same to the office of the City Manager. Contractor agrees and covenants that said reports will clearly indicate provision of the services contemplated herein and in the event the City determines said reports do not contain the necessary information, Contractor agrees to supply additional or supplemental reports providing additional information requested by the City. 4. This contract contemplates the provision of certain services and as such is not for any length of time but shall expire upon completion of the provision of the services contemplated herein. WHEREFORE, WITNESS OUR SIGNATURES, binding the respective parties this the day of , 1975. ATTEST: CITY OF CORPUS CHRISTI By City Secretary, Bi 1 Read R. Marvitt ownsend, City anager APPROVED: Director of inance NUECES COUNTY WELFARE DIVISION By �^ ry LTTY OF CORPUS CHRISTI2 TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) 4�2�2g2E= 28 - TT { V JAN 19 N N RECEIVED �5 BUM C� January 2 19 75 City Council that 30,610 , the amount required I certify to the for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi I I i I ! to the credit of: Fund No. and Name 4299 - General Fund Reserve i Project No. 490 t project Name Provide a contribution to the Nuec I Welfare Division- and such money is not appropriated for { any other purpose. I- I January _27, , 19 75 i Director of nonce d I{ �vq .rya FIN 2 -55 Revised 7/31/69 Corpus Christi; Texas 9P AI 4 day of 19 7j TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, %""'A-� MAT 141 �iera, CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark